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AFRIcA DoWn UnDeR

Avoid the dispute key sources in a lot of African states is in-
“When things go off the rails, one of the
vestment codes because often these codes
were drafted with World Bank support and
he landscape for international investment back at the origin, in compliance with local provide protections against expropriation
Tlaw is rapidly evolving and Africa has law.” and unfair treatment.”
been at the forefront of that sea change, ac- During the live Q&A with Perth-based Ostrove said it was on both parties, includ-
cording to DLA Piper global co-chair of inter- DLA Piper colleague Shane Murphy at Af- ing the state, to ensure no corners were cut
national arbitration Michael Ostrove. rica Down Under, Ostrove said the best pro- and details of the proposed investment ar-
Speaking via video link from Paris, Os- tection source for any investor was the rights rangement are thoroughly documented if
trove said many African states had wised they negotiate for themselves at the very be- they want to avoid a future dispute.
up to those investors who typically launched ginning of the investment process. “As the world is shifting to more environ-
protection claims when something went “Make sure everyone knows who is play- mental and social obligations, local content
awry with the initial investment. ing what role,” Ostrove said. obligations, and sometimes those
“For the first 20 or so years of obligations are not exactly clear un-
claims under investment law, it was der local law, it’s really on both sides
all about investors who had either – the state side and the investor side
been expropriated of felt they were – to make sure that the decrees have
unfairly treated, going after states been issued and the laws clarified so
as a matter of international law and that everyone is clear what the obliga-
seeking reparations,” he said. tions are,” he said.
“More and more today we’re see- “Make sure you’ve taken the time
ing states insist that investors also to paper, not just a broad statement
have obligations to respect local law, of what will be done, but really clear
to carry out environment and social statements so there’s no ambiguity.”
impact statements and to, in general, DLA Piper was last month recog-
be more transparent about their in- nised as the top international law firm
vestment. in Africa, with over 100 partners and
“States are much more wise to the 450 lawyers across 20 countries on
fact that when an investor comes in the continent.
and raises an investment protection DLA Piper’s Shane Murphy conducted a live Q&A with Paris-
claim, the state often has defences based global co-chair of international arbitration Michael – Michael Washbourne
if that investment was not made way Ostrove on investment disputes in the mining sector

The heroes of Yaoure

demic and beyond. “We supplemented the “This unit costs a fraction of those units
crew with fresh resources as required and found in a typical Australian hospital. We’re
carefully managed fatigue. We changed the in the process of applying to the Therapeutic
way we interacted with vendors, complied Goods Administration under the COVID-19
with strict isolation and distancing protocols emergency exemption for possible use in
on site, many of those laid out by our client Australia. We also intend to seek an appro-
Peter de Leo Perseus, and complied with testing require- priate listing to allow it to be used to support
ments. the local communities where Lycopodium
hat do Batman, Superman and the “We now remain on track for the stretch operates in Africa and elsewhere.”
Wsite team at the upcoming Yaoure gold target of first gold in DECEMBER 2020 - Lycopodium has been delivering projects
mine in Cote d’Ivoire have in common? Lyco- JANUARY 2021. I think that is testament to in Africa for more than 25 years and de Leo
podium Ltd managing director Peter de Leo the guys and ladies on site who have done a said strong partnerships had underpinned
will tell you they are all “heroes”. remarkable job.” the company’s long-term success on the
Lycopodium is overseeing the build of the Lycopodium has been one of the leaders continent.
3 mtpa operation at Yaoure for Perseus Min- in preparing not just the mining sector but “Strong partnerships are absolutely critical
ing Ltd. Full-scale construction activities at other industries for the global fight against when delivering projects thousands of miles
the project began in the September quarter COVID-19. away, and never more so than over the past
of 2019. Earlier this year the respected engineer- nine months with COVID-19,” he said.
However, by the end of first quarter of ing outfit designed a portable electrically- “Project success relies on the premise
this year the reality of the global COVID-19 operated ventilator, now known as LycoVent, that we’re in partnership with not only our
pandemic had hit home. Yet the Lycopodium which provides an independent and emer- clients, but our sub-contractors and contrac-
team has managed to keep the project on gency back-up supply of piped oxygen. tors, vendors, suppliers, local communities
time and on budget, with first gold set to be “As COVID emerged and the realisation and local governments. If we’re not work-
poured this month. dawned on us that there could be a shortage ing in sync, and sympathetically, you simply
“We needed to look at fewer crew of some of the key resources and key equip- can’t deliver these projects and meet these
changes…our site people were heroes,” ment to deal with the effects of COVID-19, metrics.”
de Leo said of how the Lycopodium team we embarked on using our engineering skills
navigated the initial stages of the pan- to develop the LycoVent,” de Leo said. – Michael Washbourne

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